Confidential
Settlement – $400,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Cynthia R. Chihak
(Cynthia Chihak & Associates)
Defendant
Robert A. Cosgrove
(Robert A. Cosgrove & Associates)
Marilyn R. Moriarty
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
Herald Wanebo
(medical)
Shawn Abbott
(technical)
James R. Nickel
(medical)
Charles T. Taylor
(medical)
Facts
In June 1989, the plaintiff, a 17-year-old girl, noticed a mole which began to change on her right thigh. The plaintiff was a patient at the defendant medical center. Her family care practitioner removed the mole on June 15, 1989, and a tissue specimen was presented to the pathology department for review. At that time, the slides were reviewed by the defendant pathologist, in conjunction with a dermatopathologist. Both doctors interpreted the lesion as a Spitz nevus with abnormal characteristics and prepared and submitted a report. The plaintiff was referred to the defendant plastic surgeon, for a wide excision. On April 13, 1990, the plaintiff returned to her treating doctor's office with complaints of an enlarged right inguinal node which had been present for about a month. A referral was made again to the defendant plastic surgeon for further evaluation and treatment of this node. The defendant plastic surgeon saw the plaintiff on May 1, 1990 and evaluated the enlarged lymph node. There was another smaller node on the opposite side. The defendant believed that the enlarged nodes were most likely due to an inflammatory process. The plaintiff returned to the defendant for three additional visits and on each evaluation the node was smaller. No biopsy was recommended. The defendant testified that he believed the mole previously removed was benign due to the diagnosis of Spitz nevus. In May 1995, the plaintiff was diagnosed with metastatic melanoma following development of an axillary mass. Her physicians determined that the primary was the mole which had been removed in 1989. The plaintiff, now a 24 year old mother of a 3-year-old child, has less than a two-month life expectancy. The plaintiff brought this action against the defendants based on medical negligence and malpractice theories of recovery.
Settlement Discussions
Per the plaintiff, the plaintiff demanded $400,000.
Specials in Evidence
$34,000 (per the plaintiff) or $42,111.46 (per the defendants) $17,751 (per the defendants) $740,868 present value (per the defendants) $200,000 (per the defendants)
Damages
The plaintiff claimed $13,828 in loss of household services and $250,000 for damage claims.
Injuries
The plaintiff claimed a reduced chance of survival.
Other Information
MEDIATION: A mediation was held on Sept. 30, 1996 before Judge Howard B. Wiener, retired. It did not resolve the matter.
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